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Showing 1841–1850 of 52239 articles for “Art. 35 I 5° bis”
The owner may not, by his act, or in any manner whatsoever, prejudice the rights of the usufructuary. For his part, the usufructuary may not, on the cessation of the usufruct, claim any compensation f…
If the usufruct includes things which, without being consumed immediately, deteriorate little by little through use, such as linen, furnishings, the usufructuary has the right to use them for the purp…
When the Examining Magistrate's Chamber rules on the settlement of proceedings, all pleas alleging that the information is null and void must be submitted to it, failing which the parties are no longe…
In criminal cases and where the accused has been convicted, if the judgment has pronounced a penalty other than that applied by law to the nature of the crime, the annulment of the judgment may be pur…
Such decisions shall be declared null and void where they are not given by the prescribed number of judges or where they have been given by judges who did not attend all the hearings in the case. Wher…
Where the sentence handed down is the same as that imposed by the law applicable to the offence, no one may seek to have the judgment set aside on the pretext that there has been an error in the citat…
In correctional matters, the accused is not admissible to present as a means of cassation the nullities committed in first instance if he did not raise them before the court of appeal, with the except…
The same action lies with the public prosecutor against the acquittal judgments mentioned in article 363 if the decision was made on the basis of the non-existence of a criminal law that would neverth…
Rulings by the investigating chamber and final rulings and judgments handed down by the trial courts, when they are in the form prescribed by law, may only be quashed for breach of the law..
Judgments of the investigating chamber, as well as final judgments and rulings, are declared void if they do not contain reasons or if their reasons are insufficient and do not allow the Cour de cassa…
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